Court : Supreme Court of India
Reported in : AIR1999SC1412; JT1999(3)SC124; 1999(2)SCALE614; (1999)3SCC709; [1999]2SCR690; (1999)3UPLBEC2005
..... the appellant, has drawn our attention to clauses (xii), (xv) and (xviii) of section 3 of the army act, 1950. these clauses define 'junior commissioned officer, non-commissioned officer' and 'officer'. clause (xviii) of section 3 of the army act, 1950, while defining the term 'officer', has clearly stated that the officer does not include a ..... further for obtaining higher educational qualifications such as post-graduation in law but he felt handicapped because of the provisions contained in army instruction namely army order no. 11 of 1987 according to which only regular commissioned officers can be granted extraordinary leave subject to certain conditions and ..... course/programme/doctoral studies leading a recognised formal diploma/degree in institutions recognised by the ministry of education, science and technology, certified by army headquarters as enhancing the usefulness as an officer. study leave will not be granted for corresponding courses, part-time courses and attending night .....
Tag this Judgment!Court : Delhi
Reported in : 1987(12)DRJ297
..... of the possible illegality in the address of judge advocate general while making submissions before the court martial. (4) coming to the first point, it will noticed that sections 125 and 126 of the army act, 1950 provide as under :- '125.choice between criminal court and court-martial :-when a criminal court and a court martial have each jurisdiction in respect of an offence ..... in his power or under his control, shall deliver him together with the statement referred to in sub-section (4) of section 475 of the said code to the officer specified in the said sub-section.' (7) it will be noticed that section 125 of the army act, 1950 gives choice of forum of trial. if a person serving in the defense service, the choice is of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ951
..... and conveyed by director general, discipline and vigilance (for adjutant general), in purported exercise of powers under section 19 of the army act, 1950, read with rule 14 of the army rules, 1954 (hereinafter referred to as 'the act' and 'the rules').2. the learned counsel appearing for the petitioner has assailed the impugned show cause notice, on ..... favour of the officer that he was not guilty. this was again not confirmed by the confirming authority by order passed on 25-5-1976. section 160(1) of the army act reads as under:--' 160. revision of finding or sentence. -- (1) any finding of sentence of a court martial which requires confirmation may be ..... fraudulent enrolment or for any of the offences mentioned in section 37.' 6. chapter iv of the act contains provisions regarding conditions of service of persons subject to the army act. section 19, which is relevant for our purpose permits dismissal or removal from service of an army officer by the precedure contained in and subject to the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR240
..... attached thereto.5. in our opinion, the petitioner is not entitled to the relief prayed for because her husband was dismissed from service under section 20 of the army act read with rule 17 of the army rules. the petitioner has not challenged the dismissal of her husband. therefore, this court cannot issue a direction for payment of family pension ..... corps centre. the stand of the respondents further is that the husband of the petitioner was dismissed from service w.e.f. 6.5.1999 under section 20 of the army act read with rule 17 of the army rules by the orders of the competent authority and that according to rule 113(a) of the pension regulations for the ..... army part 1 (1961), an individual who is dismissed under the provisions of the army act, is ineligible for pension or gratuity in respect of his previous service.4. we have heard sh. bhag singh, learned counsel for the .....
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT26
..... are made relevant by the circular and which even independent of the circular appear to be relevant to a proper exercise of power vested under section 22 rule 13 of the army act and the rules10. there is in the instant case nothing on record before us to show that the officer discharging the petitioner was alive ..... service record of the petitioner. the counter affidavit alleges that the petitioner had been, on six different occasions, found guilty of offences punishable under section 39(b) and 48 of the army act for overstaying leave and for intoxication and sentenced to undergo imprisonment ranging from 7 to 28 days. it is also alleged that the petitioner had ..... arise.4. we have heard the learned counsel for the parties and perused the record. section 22 of the army act empowers the competent authority to retire, release or discharge from service any person subject to the provisions of the said act. army rule 13 numerates the authorities competent to do so. in response to notice dated 21.10 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)144PLR744
..... by the petitioner was under consideration.4. mr. g.s. chahal, learned counsel for the petitioner has argued that when an army personnel is on casual leave then according to the provisions of the army act, 1950 (for brevity, 'the act') he is deemed to be on duty. in support of his submission, learned counsel has placed reliance on a judgment of hon ..... had admittedly met with an accident with a bullock cart, which may at best might have caused out of his own negligence. a person who is subject to the army act could have been deprived of disability pension if he sustained injuries while indulging in illegal fight or has violated expected standards. therefore, we find that the claim made ..... ram (supra), the division bench of this court in para 9 of jarnail singh's case (supra) has held that a person subject to the provisions of the army act when proceeds on casual leave, has to be treated on duty and would be entitled to the benefits accruing there-from in accordance with law.8. on the question .....
Tag this Judgment!Court : Delhi
Reported in : ILR1991Delhi215
..... referred to as the act) on the allegation that on 7th may, 1976, at about ..... indian army in dec., 1965. thereafter in the year 1967 he was promoted to the rank of lieutenant and in april 1969 to the rank of acting captain. in the year 1974, the respondent was working as acting major. while working in that capacity, he was charged for an offence under sec corporation 69 of the army act, 1950 (hereinafter ..... k. taneja, the respondent herein by the general court martial and confirmed by the competent authority under the army act. 2. along with this appeal, the appellants filed an application (cm 158/88) under section 5 of the limitation act, for condition of delay of 19 days in filing the appeal. the appellants also moved another application (cm .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC236
..... no. 1 on a representation being made by the appellant under section 164 of the army act, 1950 (hereinafter referred to as the act).2. the facts of the case are that the appellant was charged of murder of sipoy driver parvin kumar under section 69 of the army act read with 302 of indian penal code by a general court martial ..... he was trans ferred from civil jail jammu to naini central jail, allahabad. he made representation through his counsel from allahabad under section 164(2) of the army act. the chief of the army staff, respondent no 2 rejected the representation vide order dated 10th june, 1994 and the decision was communicated to the counsel for ..... confirming authority the appellant was already in jail. it is only after the confirmation of the sentence the appellant had preferred an appeal/representation under section 164(2) of the army act. the appellant was sentenced for life imprisonment and was dismissed from service. the confirmation of the sentence was also made at jammu. the mere .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR804; 2003(5)BomCR817; 2003(4)MhLj609
..... is to say to whom the provisions ofthe army act, 1950, the air force act, 1950, orthe navy act, 1957 apply serving in any part ofthe state. 12. section 27 a clause (a) was substitutedon 22.2.1991 by maharashtra act 12 of 1991 to beread as follows:(a) the members of the forces as defined inthe army act, 1950 or the air force act, 1950 andthe members of indian navy as defined ..... could not be curtailed under section21 of the army act. the union of india took acontrary stand and upholding that stand thesupreme court observed as follows:'in enacting the army act, 1950 in sofar as it restricts or abrogates any ofthe fundamental rights of the members ofthe armed forces, parliament derives itscompetence from article 33 of theconstitution section 2(1) of the actenumerates the persons who .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD452; 1999(2)ALT(Cri)312; 1999CriLJ4421
..... sentence of imprisonment, there is absolutely no scope for invoking the aid of section 428 of cr.pc in respect ofihe prisoners convicted by courts-martial ..... this basis, the supreme conn held that the provisions of sections 428 of cr.pc relating to set off of sentence cannot be applied to a person convicted under courts-martial. the supreme court observed that inasmuch as section 176 of the army act (sic. 167 of the army act) deals with the topic as to the date of commencement of ..... under the act. a similar view has been taken as to the applicability of section 428 of cr.pc to the persons convicted and sentenced by courts-martial under the army act, in another judgment of the supreme court in ajit kumar v. union of india, : 1988crilj417 . .....
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